SPECIAL MEETING - FEBRUARY 7, 2023
BE IT REMEMBERED, that on this 7th day of February A.D., 2023, there was begun and held a SPECIAL MEETING of the Honorable Board of Directors of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
| HONORABLE RICHARD F. CORTEZ HONORABLE DAVID FUENTES HONORABLE EDUARDO "EDDIE" CANTU HONORABLE EVERARDO "EVER" VILLARREAL HONORABLE ELLIE TORRES |
HIDALGO COUNTY JUDGE COMMISSIONER, PRECINCT NO. 1 COMMISSIONER, PRECINCT NO. 2 COMMISSIONER, PRECINCT NO. 3 COMMISSIONER, PRECINCT NO. 4 |
and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:
 |
AGENDA DRAINAGE DISTRICT BOARD OF DIRECTORS FEBRUARY 7, 2023 9:30 A.M. |
NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Board of Directors will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:
In accordance with Section 551.127, NOTICE is hereby given that a physical quorum, including the presiding officer/member, will be present at the specified meeting location. Some members of the governing body and/or government officials may participate via videoconference.
Members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive
1.
Roll Call (Audio Reference :31s)
Judge Cortez called the meeting to order at 9:33 A.M.
All members of the Board were present during the roll call, except for Commissioner Villarreal.
Commissioner Villarreal joined the meeting at a later time.
Judge Cortez called the meeting to order at 9:33 A.M.
All members of the Board were present during the roll call, except for Commissioner Villarreal.
Commissioner Villarreal joined the meeting at a later time.
2.
Prayer (Audio Reference :47s)
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
General Manager of Hidalgo County Drainage District No.1, Raul Sesin, offered the prayer.
3.
Open Forum (Audio Reference 02m:38s)
There were no participants for Open Forum.
There were no participants for Open Forum.
4.
Approval of Consent Agenda (Audio Reference 02m:45s)
The Board proceeded with the approval of the DD - Consent Agenda.
See the DD - Consent Agenda for the action taken.
The Board proceeded with the approval of the DD - Consent Agenda.
See the DD - Consent Agenda for the action taken.
5.
General Operations:
A.
AI -89570
A. Discussion of potential Bond Election for Hidalgo County Drainage District No. 1. (Audio Reference 03m:03s)
Commissioner Villarreal joined the meeting.
Raul Sesin presented an overview to the Board of the upcoming drainage projects throughout Hidalgo County, and the benefits that the bonds have made since 2018 with a zero tax increase.
No action was taken on agenda item 5.A.
B. Consideration and approval of an Order calling Hidalgo County Drainage District No. 1 Bond Election for May 6, 2023; giving notice of the election and providing for other matters necessary for conducting the election. (Audio Reference 08m:35s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.B.
Vote: 5 - 0 -Unanimously
Commissioner Villarreal joined the meeting.
Raul Sesin presented an overview to the Board of the upcoming drainage projects throughout Hidalgo County, and the benefits that the bonds have made since 2018 with a zero tax increase.
No action was taken on agenda item 5.A.
B. Consideration and approval of an Order calling Hidalgo County Drainage District No. 1 Bond Election for May 6, 2023; giving notice of the election and providing for other matters necessary for conducting the election. (Audio Reference 08m:35s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.B.
Vote: 5 - 0 -Unanimously
Attachments:
B.
AI -89582
1.) Requesting exemption from Competitive Bidding Requirements under the TX LGC 262.024 (A)(4) "Professional Services". (Audio Reference 08m:54s)
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.B.1.
Vote: 5 - 0 -Unanimously
2.) Consideration and approval of Engagement Agreement with Perez Law Firm, PLLC as Bond Counsel for Hidalgo County Drainage District No.1 (Subject to Final Legal Review) (Audio Reference 09m:08s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.B.2.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda item 5.B.1.
Vote: 5 - 0 -Unanimously
2.) Consideration and approval of Engagement Agreement with Perez Law Firm, PLLC as Bond Counsel for Hidalgo County Drainage District No.1 (Subject to Final Legal Review) (Audio Reference 09m:08s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.B.2.
Vote: 5 - 0 – Unanimously
C.
AI -89571
1. Public Hearing on Petition for Annexation being a 3.64 acre tract of land same being all of Lot 1 of Juanita Subdivision Recorded in Volume 29, Page 9A Map Records of Hidalgo County. (Audio Reference 09m:22s)
Judge Cortez opened the public hearing at 9:42 A.M, however there were no public participants for agenda item 5.C.1.
No action was taken on agenda item 5.C.1.
2. Requesting approval of Order Granting Petition for Annexation as it relates to 3.64 acre tract of land same being all of Lot 1 of Juanita Subdivision Recorded in Volume 29, Page 9A Map Records of Hidalgo County. (Audio Reference 09m:57s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.C.2.
Vote: 5 - 0 - Unanimously
Judge Cortez opened the public hearing at 9:42 A.M, however there were no public participants for agenda item 5.C.1.
No action was taken on agenda item 5.C.1.
2. Requesting approval of Order Granting Petition for Annexation as it relates to 3.64 acre tract of land same being all of Lot 1 of Juanita Subdivision Recorded in Volume 29, Page 9A Map Records of Hidalgo County. (Audio Reference 09m:57s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 5.C.2.
Vote: 5 - 0 - Unanimously
D.
AI -89578
Acceptance and approval of Work Authorization No. 24 in the amount of $2,713,599.44 as submitted by S&B Infrastructure, LTD, to develop an ASA Feasibility Study for the development of the Master Drainage System Phase II - design and expansion of the Raymondville Drain Outfall System. (Subject to Final Legal Review) (Audio Reference 10m:10s)
County Executive Officer, Valde Guerra, stated that Commissioner Villarreal abstained from any discussion and/or action regarding agenda item 5.D (Audio Reference 12m:59s)
The remaining members of the Board proceeded with a vote of approval for agenda item 5.D.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.D.
Vote: 4 - 0 – Unanimously
County Executive Officer, Valde Guerra, stated that Commissioner Villarreal abstained from any discussion and/or action regarding agenda item 5.D (Audio Reference 12m:59s)
The remaining members of the Board proceeded with a vote of approval for agenda item 5.D.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.D.
Vote: 4 - 0 – Unanimously
Attachments:
E.
AI -89561
Requesting approval to
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.E.
Vote: 5 - 0 - Unanimously
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.E.
Vote: 5 - 0 - Unanimously
Attachments:
F.
AI -89481
Requesting authority to advertise and approval of RFB Packet (i.e., legal notice, specifications, etc.), as attached hereto for: Hidalgo County Drainage District No. 1 -"Purchase of Eight (8) Full-Size Pickup Trucks" (RFB No. HCDD1-23-003-03-01-MDB), including the re-advertisement of the Bids in the event bids are rejected, or no bids are received & products are still needed. (Audio Reference 10m:58s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.F.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 5.F.
Vote: 5 - 0 – Unanimously
Attachments:
6.
2018 Bond Referendum Projects:
A.
AI -89529
Acceptance and approval of Work Authorization No. 5 in the amount of $43,196.55 as submitted by L&G Consulting Engineers, Inc., through Contract No. C-HCDD1-21-025-06-15 to provide Construction Material Testing for, "South ''I'' Rd USIBWC Structure 82L Drainage Improvements-2018 Bond Referendum Project No. 33". (Audio Reference 11m:23s)
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.A.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Board made a UNANIMOUS vote of approval on agenda item 6.A.
Vote: 5 - 0 – Unanimously
Attachments:
B.
AI -89567
J-08 Drain - Budget 515
1. Approval of Application for Payment No. 3 in the amount of $336,167.03 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla, Headley, & Associates PO#646299
Mission Lateral - Budget 526
2. Approval of Application for Payment No. 7 in the amount of $73,592.10 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-21-027-07-27. Project Engineer: L&G Engineering PO#642757 (Audio Reference 11m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda items 6.B.1 and 6.B.2.
Vote: 5 - 0 - Unanimously
1. Approval of Application for Payment No. 3 in the amount of $336,167.03 from Mor-Wil, LLC pertaining to Construction Contract C-HCDD1-22-024-07-26 J-08 Drain. Project Engineer: Quintanilla, Headley, & Associates PO#646299
Mission Lateral - Budget 526
2. Approval of Application for Payment No. 7 in the amount of $73,592.10 from Saenz Brothers Construction pertaining to Construction Contract C-HCDD1-21-027-07-27. Project Engineer: L&G Engineering PO#642757 (Audio Reference 11m:45s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval on agenda items 6.B.1 and 6.B.2.
Vote: 5 - 0 - Unanimously
Attachments:
7.
General Fund:
A.
AI -89579
Requesting approval of Memorandum of Agreement between Hidalgo County Drainage District No.1 and The International Boundary and Water Commission as it relates to four gated structures within the Lower Rio Grande Flood Control Project. (Audio Reference 12m:19s)
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 7.A.
Vote: 5 - 0 – Unanimously
On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, the Board made a UNANIMOUS vote of approval on agenda item 7.A.
Vote: 5 - 0 – Unanimously
Attachments:
8.
Closed Session:
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following: (Audio Reference 13m:20s)
The Board proceeded into Closed Session with a vote of approval at 9:46 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to proceed into closed session.
Vote: 5 - 0 – Unanimously
Board of Directors may go into Closed Session pursuant to Subchapter D of Chapter 551 of the Texas Government Code to discuss the following: (Audio Reference 13m:20s)
The Board proceeded into Closed Session with a vote of approval at 9:46 A.M.
On motion by COMMISSIONER PCT. 3, EVERARDO “EVER” VILLARREAL, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Board made a UNANIMOUS vote of approval to proceed into closed session.
Vote: 5 - 0 – Unanimously
A.
Real Property (Tex. Gov't Code 551.072)
Reference agenda item 9.A.
Reference agenda item 9.A.
B.
Personnel Matters (Tex. Gov't. Code 551.074)
Reference agenda item 9.B.
Reference agenda item 9.B.
C.
Consultation with Attorney Regarding:
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) a Matter in Which the Duty of the Attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with Chapter 551 of the Texas Government Code (Tex. Gov't. Code 551.071)
No action was taken on agenda item 8.C a), as it was a closed session item.
a) Pending or Contemplated Litigation: b) a Settlement Offer: or c) a Matter in Which the Duty of the Attorney to the Hidalgo County Drainage District No. 1 under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with Chapter 551 of the Texas Government Code (Tex. Gov't. Code 551.071)
No action was taken on agenda item 8.C a), as it was a closed session item.
9.
Open Session: (Audio Reference 14m:02s)
The Board returned from closed session at 10:08 A.M., and proceeded to agenda item 9.A.
Commissioner Cantu and Commissioner Villarreal did not return from closed session.
The Board returned from closed session at 10:08 A.M., and proceeded to agenda item 9.A.
Commissioner Cantu and Commissioner Villarreal did not return from closed session.
A.
Possible Action of Real Estate Acquisition (Audio Reference 14m:07s)
Legal Counsel, Ivan Perez, stated that a motion was required to authorize Mr. Sesin to proceed as discussed in closed session.
The Board proceeded with a vote of approval as stated.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 9.A, with the recommendation stated above.
Vote: 3 - 0 – Unanimously
The Board proceeded to agenda item 10 - Adjournment.
Legal Counsel, Ivan Perez, stated that a motion was required to authorize Mr. Sesin to proceed as discussed in closed session.
The Board proceeded with a vote of approval as stated.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval on agenda item 9.A, with the recommendation stated above.
Vote: 3 - 0 – Unanimously
The Board proceeded to agenda item 10 - Adjournment.
B.
Possible Action on Pending and/or Potential Litigation
No action was taken on agenda item 9.B.
No action was taken on agenda item 9.B.
10.
Adjourn (Audio Reference 14m:21s)
Judge Cortez adjourned the meeting with a vote of approval at 10:09 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 3 - 0 – Unanimously
Judge Cortez adjourned the meeting with a vote of approval at 10:09 A.M.
On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Board made a UNANIMOUS vote of approval to adjourn the meeting.
Vote: 3 - 0 – Unanimously
There being no further business to come before said
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 7th day of February 2023
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on February 7, 2023.
Signed this 7th day of February 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy
Court, the meetings of the Commissioners Court and the
Drainage District #1 Board are now hereby adjourned.
Dated this the 7th day of February 2023
ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas
By: ______________________________
Carolyn Thornton, Deputy
I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners Court held on February 7, 2023.
Signed this 7th day of February 2023
ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners Court of
Hidalgo County
By: ____________________________
(Seal) Carolyn Thornton, Deputy